United States of America v. Joseph David Wipf

Billings, Montana criminal defense lawyer represented the Defendant charged with being a prohibited person in possession of a firearm.



18 U.S.C. 922(g):



Federal law prohibits felons from possessing firearms. Specifically, 18 U.S.C. § 922(g)(1) makes it illegal for anyone convicted of a felony (or a crime punishable by more than one year of imprisonment) to ship, transport, possess, or receive firearms or ammunition that have moved in interstate or foreign commerce. Violations of this law can result in significant penalties, including lengthy prison sentences, substantial fines, and the permanent loss of gun rights.

Key Points:



Felony Conviction:

A felony conviction, or a conviction for a crime punishable by more than a year in prison, triggers the prohibition.



Interstate Commerce:

The law applies to firearms that have moved in interstate or foreign commerce, meaning even if the firearm was initially purchased within a state, it could still be subject to federal law if it has been transported across state lines.

Possession, Shipping, Transporting, Receiving:

The law prohibits not only possessing a firearm but also shipping, transporting, or receiving one.

Penalties:

Penalties can include up to 10 years in prison, a fine of up to $250,000, and supervised release.

Mandatory Minimums:

Under the Armed Career Criminal Act (18 U.S.C. § 924(e)), individuals with three prior convictions for violent felonies or serious drug offenses face a mandatory minimum sentence of 15 years in prison.

Other Prohibited Persons:

Federal law also prohibits other individuals from possessing firearms, including fugitives, drug addicts, certain aliens, and those subject to domestic violence restraining orders.

Restoration of Rights:

In most cases, it is extremely difficult for a convicted felon to restore their right to own a firearm under federal law.

Oral Order- Granting Rule 29 Motion for Judgment of Acquittal.